Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 26AA

Appeal to Magistrates' Court-demerit points

26AA. Appeal to Magistrates' Court-demerit points



(1) If the Corporation suspends a driver licence or learner permit in
accordance with section 25(3B)(a), (3B)(ab) or (3D), the holder of the driver
licence or learner permit may, in accordance with the regulations and subject
to subsection (2), appeal against that suspension to the Magistrates' Court.

(2) An appeal under subsection (1) against a suspension may only be made on
either or both of the following grounds-

   (a)  that the Corporation recorded certain demerit points other than as
        required by the regulations;

   (b)  that an error has been made in the addition of the number of demerit
        points incurred by the appellant in a relevant period.

Note In certain circumstances the Corporation is required to record demerit
points against the responsible person in relation to the motor vehicle-see
section 84BC(4).

(3) The giving, in accordance with the regulations, of a notice of appeal
under subsection (1) stays the suspension of the licence or learner permit
until-

   (a)  the date on which the appeal is determined; or

   (b)  if the appeal is discontinued, the date on which notice in writing of
        discontinuance is given in accordance with the regulations to both the
        Magistrates' Court and the Corporation.

(4) If the court is satisfied that the suspension was required by the
regulations or section 25, the court must confirm the suspension.

(5) On an appeal under subsection (1) the court may-

   (a)  in allowing the appeal, direct the Corporation-

   (i)  to record the demerit points as required by the regulations; or

   (ii) to correct the error made in the addition of the number of demerit
        points incurred by the appellant in a relevant period; or

   (b)  in dismissing the appeal, order that the suspension take effect from a
        date specified in the order.

(6) Every decision of the Magistrates' Court on an appeal under this section
must be given effect to by the Corporation.